Internal Displacement And The Law
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| Author | : Romola Adeola |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 208 |
| Release | : 2020-10-30 |
| Genre | : Law |
| ISBN | : 1788975456 |
While the plight of persons displaced within the borders of states has emerged as a global concern, not much attention has been given to this specific category of persons in international legal scholarship. Unlike refugees, internally displaced persons remain within the states in which they are displaced. Current statistics indicate that there are more people displaced within state borders than persons displaced outside states. Romola Adeola examines the protection of the internally displaced person under international law, considering existing legal regimes at various levels of governance and institutional mechanisms for internally displaced persons.
| Author | : Bríd Ní Ghráinne |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2022 |
| Genre | : Internally displaced persons |
| ISBN | : 0198868448 |
Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.
| Author | : Veronica Patience Fynn |
| Publisher | : Lulu.com |
| Total Pages | : 262 |
| Release | : 2010-09-29 |
| Genre | : Law |
| ISBN | : 0557509874 |
Veronica Fynn's "Legal Discrepancies: Internal Displacement of Women and Children in Africa" is not only timely (produced soon after Africa adopts its historical Convention on the Protection and Assistance of Internally Displaced People in Africa, 2009). "Legal Discrepancies: Legal Discrepancies: Internal Displacement of Women and Children in Africa" offers the first comprehensive, holistic, and multi-disciplinary examination on the efficacy of international, regional and national laws and policies in protecting and assisting IDPs. Fynn's research provides a thought provoking framework for academics, lawyers, public health practitioners, aid workers, national governments, regional institutions and international organizations to rethink the legal space within which internally displaced peoples lingers.
| Author | : Phil Orchard |
| Publisher | : Routledge |
| Total Pages | : 227 |
| Release | : 2018-11-01 |
| Genre | : Political Science |
| ISBN | : 131762940X |
Today, there are over 40 million conflict-induced internally displaced persons (IDPs) globally, almost double the number of refugees. Yet, IDPs are protected only by the soft-law Guiding Principles on Internal Displacement at the global level. Instead of a dedicated international organization, IDPs receive protection and assistance only through the UN’s cluster approach. Orchard argues that while an international IDP protection regime exists, many aspects of it are informal, with IDP issues bound up in a humanitarian regime complex that divides the mandates of key organizations and even the question of IDP status itself. While the Guiding Principles mark an important step forward, implementation of laws and policies based on them at the domestic level remains haphazard. Action at the international level similarly reflects an all-too-often ad hoc approach to IDP issues. Through an in-depth examination of IDP efforts at the international level and across the forty states which have adopted IDP laws and policies, Orchard argues that while progress has been made, new and greater monitoring and accountability mechanisms at both the domestic and international levels are critical. This work will be valuable to scholars, students, and practitioners of forced migration, international relations theory, and the Responsibility to Protect doctrine.
| Author | : Romola Adeola |
| Publisher | : Taylor & Francis |
| Total Pages | : 120 |
| Release | : 2022-04-28 |
| Genre | : Political Science |
| ISBN | : 100051336X |
This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection. Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons. This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.
| Author | : Catherine Phuong |
| Publisher | : Cambridge University Press |
| Total Pages | : 326 |
| Release | : 2005-01-27 |
| Genre | : Political Science |
| ISBN | : 9781139442268 |
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.
| Author | : Isabel M. Borges |
| Publisher | : Routledge |
| Total Pages | : 245 |
| Release | : 2018-12-07 |
| Genre | : Law |
| ISBN | : 1351361791 |
This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.
| Author | : Romola Adeola |
| Publisher | : Springer |
| Total Pages | : 113 |
| Release | : 2021-04-14 |
| Genre | : Science |
| ISBN | : 9783030668839 |
This volume examines the protection of internally displaced persons (IDPs) through an interdisciplinary lens, with a focus on IDPs in Africa. The novelty of this book resonates from the fact that it explores national perspectives on internal displacement, with the aim of providing a well-grounded engagement on the subject of internal displacement, for which very little exists. The chapter authors are drawn from various disciplines and institutional backgrounds, and provide context-based analysis and examine the situation in countries with significant population displacement. The work is a timely engagement, as the issue of internal displacement has emerged as a pertinent concern in Africa. Each of the chapters in this book draw on significant context-based knowledge and on issues for which there is a need for pertinent attention across the African countries. This book will be a significant reference point for researchers, professors, practitioners, judges, policy makers, international organizations, regional bodies, lawyers and scholars in the field of migration, forced migration, and regional institutions.
| Author | : Gil Loescher |
| Publisher | : Taylor & Francis |
| Total Pages | : 100 |
| Release | : 2005 |
| Genre | : Political Science |
| ISBN | : 9780415382984 |
First Published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.
| Author | : Janie Hampton |
| Publisher | : Routledge |
| Total Pages | : 258 |
| Release | : 2014-10-14 |
| Genre | : Business & Economics |
| ISBN | : 1136547053 |
The number of internally displaced people far outnumbers estimated refugees who have fled their countries. The majority of displaced populations survive with very little security or legal protection. Responding to the needs of internally displaced people is one of the greatest humanitarian challenges of our time.;Revised and updated from the first edition, this volume includes information on internal displacement in 47 different countries across the globe - that is to say all countries experiencing conflict-induced displacement at the time of publication. There is discussion of the causes of displacement, patterns of flight, protection concerns and international response.
